Duty of Care Owed by Occupier in UK Law

  • British Railways Board v Herrington
    • House of Lords
    • 16 February 1972
    ... ... 2 I have no doubt that if the Appellants owed to potential child trespassers any duty of care ... to lay down a general rule that no occupier is under any duty to potential trespassers, ... ...
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970
    ... ... the Home Office or these Borstal officers owed any duty of care to the Respondents capable of ... that a trespasser can somehow become the occupier's 'neighbour' within the meaning of the somewhat ... ...
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977
    ... ... Whether a local authority is under any duty of care towards owners or occupiers of any such ... argue that in the circumstances the council owed no duty of care to the plaintiffs ... 15 This ... themselves have a remedy against the occupier under the Occupiers Liability Act 1957. A right ... ...
  • Murphy v Brentwood District Council
    • House of Lords
    • 26 July 1990
    ... ... 7 The person to whom the duty is owed is an owner or occupier of the house who ... a common law duty to take reasonable care that plans should conform with byelaws or ... ...
  • Tomlinson v Congleton Borough Council and another
    • House of Lords
    • 31 July 2003
    ... ... his earning capacity, for the expense of the care he will need, for the loss of the ability to lead ... decide which of the two councils was the occupier, it might not be easy. Although the Park belongs ... Different duties were owed to each class. The Act, on the recommendation of ... ) all visitors should be owed a "common duty of care". That duty is set out in section 2(2), ... ...
  • Stovin and Another v Norfolk County Council
    • House of Lords
    • 24 July 1996
    ... ... ' House, the question is whether the council owed the plaintiff any common law duty in respect of ... it is one matter to require a person to take care if he embarks on a course of conduct which may ... An occupier is under a common law duty to take positive ... ...
  • Smith v Littlewoods Organisation Ltd; Maloco v Littlewoods Organisation Ltd
    • House of Lords
    • 05 February 1987
    ... ... 4 The first question is what was the general duty owed by Littlewoods, as owners and occupiers of ... the appellants a duty to exercise reasonable care to ensure that the cinema was not, and did not ... in which the law will require an occupier of premises to take special precautions against ... ...
  • Wheat v E. Lacon & Company Ltd
    • House of Lords
    • 15 February 1966
    ... ... by reason of the negligence and breach of duty of the Defendants ... 4 The action was heard ... It was incumbent on him to use very great care for his own safety. If he "stepped out with the ... were occupiers of the public house and so owed to Mr. Wheat as a visitor to the public house the ... has to be determined, namely who was the occupier at the relevant time. In some cases occupation of ... ...
  • Nettleship v Weston
    • Court of Appeal (Civil Division)
    • 30 June 1971
    ... ... Sheffield Magistrates of driving without due care and attention. She was fined £10 and her driving ... He said that the only duty owed by Mrs. Weston to Mr. Nettleship was that ... 323 : and by Parliament in cases between occupier and visitor, see section 2(4) The Occupiers ... ...
  • Gorringe v Calderdale Metropolitan Borough Council
    • House of Lords
    • 01 April 2004
    ... ... the Council did not owe Mrs Gorringe a duty of care to place a marking on the road or to ... a highway authority is not of course the occupier of the highway and does not owe the common duty ... authority and was not a private law duty owed to any individual. Thus it was said that highway ... ...
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